Jun. 13—A New Mexico union representing thousands of food workers on Friday announced it filed unfair labor practice charges with the National Labor Relations Board against regional food chains Smith’s and Albertsons.
The union, in contract negotiations with both companies, alleges the grocery store owners are not bargaining in good faith, a development that could lead to strikes this month. Taking it a step further, the charges state Smith’s and Albertsons have worked together in the bargaining process, despite the two being completely separate entities.
In late 2024, state and federal courts rejected a merger request by Kroger, which owns Smith’s, and Albertsons. The companies have since sued each other over how the deal fell apart and whose fault it was.
But New Mexico’s United Food and Commercial Workers Local 1564 — which represents more than 2,500 Smith’s employees and around 1,200 Albertsons workers — doesn’t think the failed merger stopped the companies from working together. The union’s charges, filed earlier this week, state Smith’s and Albertsons have “engaged in collusion … on bargaining proposals, effectively creating a multi-employer bargaining unit without the union’s consent.”
The charges also allege both companies have failed to provide the union with requested information needed to bargain and have refused to arbitrate grievances.
“I’ve been dealing with both companies for many years, and they appear to be more united now than … any time before,” said Greg Frazier, president of the local union.
Smith’s denies conducting any unfair labor practices. Spokesperson Tina Murray said, “The path to a fair and peaceful resolution is at the bargaining table,” urging the local union to work with the company in finding common ground.
“We’re focused on reaching a balanced agreement — one that increases wages for our associates while keeping groceries affordable for New Mexico families,” she said.
Albertsons didn’t respond to a Journal request for comment Friday.
UFCW Local 1564 has been in negotiations with Albertsons and Smith’s on contracts since May, Frazier said. The current contracts would’ve expired this weekend, but the union and companies agreed to extend them through June 28.
Unionized Smith’s and Albertsons employees around the state are voting next week about whether to strike over the alleged unfair bargaining practices. Each chain has dozens of stores in New Mexico. The union would announce the start and length of any potential strikes, and participating union employees would get paid up to $100 a day, according to UFCW.
“We don’t feel that we can bargain efficiently with what’s going on around us,” Frazier said.
Frazier pointed out that other states have also filed charges against the grocery store chains. Just this month, multiple UFCW branches filed charges with the NLRB against Albertsons and Kroger stores, including branches in California, Texas and Oregon, according to NLRB’s docket.
“This behavior is not giving those workers the opportunity to make a fair living,” Frazier said. “We’re hoping the behavior changes and that we can start making progress in negotiations.”